In addition to any other notice required by this Article,
the Town Clerk shall notify the following owners of real property of any required
public hearing for a special use permit or amendment to the Zoning Map:
In the case of an application made by a tenant, optionee
or contract vendee; or in the case of a Zoning Map amendment made upon motion
of the Town Board, the owner of the property which is the subject of the public
hearing as shown on records in the Town Assessor's Office; and
Notification pursuant to the procedures set forth in
one of the following subsections that provides notice to be given to the greater
number of owners of real property.
The owners of real property immediately adjacent to the
land which is the subject of a public hearing extending 400 feet therefrom
and directly opposite thereto, and further extending 400 feet from the street
frontage of such opposite land; or
The owner or owners of the two lots adjacent to the lot
or lots opposite the property which is the subject of the public hearing along
the street frontage of such opposite land.
Notices sent pursuant to this section shall be mailed
via First Class United States Mail at least five days prior to the public
hearing to the owners of property entitled thereto as shown in the records
of the Town Assessor.
Any alleged failure of the Town Clerk to provide notification
required pursuant to this section shall not constitute grounds to nullify
any action of the Town Board, provided that there has been a good-faith effort
by the Town Clerk to identify the owners of real property entitled to notice
under this section, that there has been substantial compliance with the provisions
of this section and that all other notice provisions required by law have
been complied with.
At least 10 days before the first public hearing held
by the Town Board on an application or motion to amend the Zoning Map, subject
to this section, the Town shall cause a six-foot-square sign to be erected
on the affected property, facing the nearest street, at a distance of no more
than 10 feet from the front line, bearing the following words: "Commercial
Zoning Application Pending," together with the telephone number of the Town
of Boston to be used for additional information. The sign shall remain posted
during the pendency of the application to the conclusion thereof by vote of
the Town Board or, as the case may be, by any earlier termination of the proposal.
Notice given pursuant to this section shall apply only
to applications or motions wherein the affected property would be zoned R-C,
C-1, C-2, M-1 or M-2 by an affirmative vote of the Town Board on the application
and/or motion pending.
Any alleged failure of the Town of Boston to provide
notification pursuant to this section shall not constitute grounds to nullify
any action of the Town Board, provided that there has been a good-faith effort
by the Town of Boston to comply with the provisions thereof, and further provided
that there has been substantial compliance with the provisions of this section
and that all other notice provisions required by law have been complied with.